Medical Malpractice actions happen when a doctor, hospital, or other healthcare professional cause an injury to a patient either by their own negligence or omission. The injury can be can be a result of failure to properly diagnose a condition, failure to properly treat, or failure in the health management of a patient. In order to satisfy the requirement under the Alabama Medical Liability Act (“AMLA”), the injured party must show that the doctor, hospital, or healthcare professional breached the applicable standard of care, that an injury was proximately caused by this breach, and that the injury is fairly significant. If you are injured and believe that the injury might be due to medical malpractice, then give our law firm a call immediately.

Medical malpractice cases in Alabama involve a complex interplay of facts and legal principles. The burden of proving that a healthcare provider deviated from the standard of care and that this deviation directly caused harm is on the plaintiff. It is crucial for the plaintiff to meticulously prepare their case, often with the necessary help of legal and medical experts. Additionally, it is essential to understand and navigate the specific laws and regulations in Alabama that govern medical malpractice claims. Victims of medical malpractice should consult an experienced attorney who handles medical malpractice claims in Alabama to ensure that their rights are protected and that they receive the compensation they deserve for the harm suffered.

Types of Medical Malpractice

• Misdiagnosis or Failure to Diagnose: This occurs when a healthcare provider either fails to accurately diagnose a patient’s condition or fails to diagnose it altogether. The misdiagnosis can lead to incorrect treatment, delayed treatment, or no treatment at all, causing the patient's condition to worsen.

• Surgical Errors: These are mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to tissues or organs. 

• Medication Errors: This includes prescribing the wrong medication, incorrect dosage, or failing to consider a patient’s allergies or other medications that may interact adversely.

• Anesthesia Errors: Similar to medication errors, anesthesia errors can include administering too much or too little anesthesia, or failing to monitor a patient properly while they are under anesthesia. This can result in severe injuries or death.

• Birth Injuries: These are injuries that occur to a baby during the birthing process. This can include brain injuries, fractures, or nerve damage that could have been avoided with the proper standard of care.

• Lack of Informed Consent: A healthcare provider must inform a patient of all the risks, benefits, and alternatives before performing any procedure or treatment. Failing to do so can be considered medical malpractice.

What is required to prove a Medical Malpractice claim in Alabama?

Proving a medical malpractice claim in Alabama is a complex process, and it requires satisfying several legal elements:

• Establishing a Doctor-Patient Relationship. The plaintiff must prove that there was a doctor-patient relationship, meaning that the healthcare provider agreed to be hired by the patient, and the patient agreed to be treated by the healthcare provider.

• Proving Negligence. The plaintiff must prove that the healthcare provider was negligent in their treatment or diagnosis. This means that the healthcare provider did not meet the standard of care that a reasonably competent healthcare provider would have met under similar circumstances.

• Establishing the Standard of Care. This is a crucial aspect of a medical malpractice claim. It refers to the level of care and skill that a similarly trained and experienced healthcare provider would have provided in a similar situation. Establishing the standard of care often requires expert testimony from medical professionals who can attest to what a competent healthcare provider would have done under the circumstances.

• Proving Causation. This is one of the most challenging aspects of a medical malpractice claim. The plaintiff must prove that the healthcare provider’s negligence directly caused the injury or harm. This means showing that, but for the healthcare provider’s actions, the patient would not have suffered the harm.

• Proving Damages. The plaintiff must demonstrate that they have suffered actual harm or damages because of the healthcare provider’s negligence. This can include physical pain, mental anguish, additional medical bills, loss of earning capacity, or any other losses that are a direct result of the malpractice.

Noteworthy Aspects of Alabama Medical Malpractice Law

• The Alabama Medical Liability Act. Alabama’s medical malpractice laws are primarily governed by the Alabama Medical Liability Act. This Act has various provisions that are specific to medical malpractice claims, such as requiring a plaintiff to file an affidavit of merit from a qualified healthcare provider, stating that the claim has merit.

• Statute of Limitations. In Alabama, the statute of limitations for filing a medical malpractice claim is two years from the date the injury was discovered, or reasonably should have been discovered. However, there is an exception that claims cannot be filed more than four years after the actual date of the act constituting alleged malpractice, except in cases where a foreign object has been inadvertently left in a patient's body.

• Contributory Negligence Doctrine. Alabama is one of the few states that still follows the doctrine of contributory negligence. This means that if the plaintiff is found to have contributed in any way to their own injury, no matter how small, they are barred from recovering any damages. This makes it even more essential for the plaintiff to build a strong case.

• Damage Caps. Alabama does not impose a cap on the damages that can be awarded in medical malpractice cases, except for punitive damages. Punitive damages are limited to three times the compensatory damages or $1.5 million, whichever is greater.

• Expert Testimony Requirements. In most medical malpractice cases, expert testimony is essential. An expert witness, usually a healthcare professional, must provide testimony to establish the standard of care and explain how the defendant failed to meet this standard. In Alabama, the expert must practice in the same specialty as the defendant and must have been actively practicing or teaching in their field within the past five years.

• The Alabama Medical Review Panel. Before proceeding to court, the Alabama Medical Review Panel evaluates malpractice claims. The panel, typically comprising of healthcare professionals and an attorney, evaluates the evidence and provides an opinion on whether the healthcare provider breached the standard of care. Although the opinion is non-binding, it can be used as evidence in a subsequent trial.

Medical malpractice cases in Alabama involve a complex interplay of facts and legal principles. The burden of proving that a healthcare provider deviated from the standard of care and that this deviation directly caused harm is on the plaintiff. It is crucial for the plaintiff to meticulously prepare their case, often with the necessary help of legal and medical experts. Additionally, it is essential to understand and navigate the specific laws and regulations in Alabama that govern medical malpractice claims, including the Alabama Medical Liability Act, the relevant statute of limitations, contributory negligence doctrine, and the role of the Alabama Medical Review Panel. Victims of medical malpractice should consult an experienced attorney who handles medical malpractice claims in Alabama to ensure that their rights are protected and that they receive the compensation they deserve for the harm suffered.